JEFFERSON DISPOSAL CO., INC., A LOUISIANA CORPORATION, AND NATIONAL ENVIRONMENTAL CONTROLS, INC., A DELAWARE CORPORATION, APPELLANTS,
v.
ART GREEN, APPELLEE

Fla. 3d DCA | 1975-04-15
No. 74-798
Before PEARSON, HENDRY and HA-VERFIELD, JJ.
311 So. 2d 785 Florida District Court of Appeal, Third District (1975) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The defendants bring for review a final judgment in an action on a contract of employment. The points presented urge error in the trial, where the court was sitting without a jury, in that: (1) certain evidence admitted over objection was not the best evidence and (2) the evidence considered as a whole failed to prove a contract.

We hold that the evidence to which objection was made was cumulative evidence and that there was ample, competent evidence to prove the issue. Therefore, the error, if established, would be on this record harmless error. See Equitable Life Assur. Soc. v. Mittelhauser, 130 Fla. 794, 178 So. 559 (1937). The proof of the contract was sufficent even though the parties gave conflicting testimony as to one of its terms. The defendants admitted that it was a contract but testified to a different provision for payment.

Affirmed.


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  • …d the admitted medical testimony challenged here was not so prejudicial as to destroy the jury’s impartiality. For these reasons, a new trial is not warranted. See Kennedy v. Brago, 544 So. 2d 216 (Fla. 3d DCA 1989); Jefferson Disposal Co. v. Green, 311 So. 2d 785 (Fla. 3d DCA 1975). Competent and substantial evidence was presented from which the jury could have concluded, in its general verdict, that the plaintiff was not lulled into a six month delay in seeking surgical attention owing to negligent action…
  • Mabel A. Fincke, R.N. v. Peeples, 476 So. 2d 1319 (Fla. 4th DCA 1985)
    …to vitiate the entire trial [,]’ ” (emphasis original)). If the evidence was merely cumulative and there was ample, competent evidence to prove the issue, then the error was harmless and would not call for reversal. Jefferson Disposal Co. v. Green, 311 So. 2d 785 (Fla. 3d DCA 1975). In this case several experts testified. Dr. Fishbane testified that, although he was not an expert in the area of anesthesia, he saw no problem in Weinstein’s management of this patient. Rather, the responsibility for preventing…
  • Am. United v. Kroll Realty, Inc., 443 So. 2d 217 (Fla. 4th DCA 1983)
    …s failure to raise at trial the objections it raises here precludes us from considering those objections. North v. State, 65 So. 2d 77, 82 (Fla.1953). Any error in admitting exhibit four was harmless. See C.S., Jefferson Disposal Co., Inc. v. Green, 311 So. 2d 785 (Fla. 3d DCA 1975). The second question posed by American has to do with the use of Peter Funda-ro’s deposition by Kroll when it was clear that Fundaro was present within 100 miles of the court, had been subpoenaed, and had notified counsel he woul…

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